Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Gulf of Mexico Fisheries, 28797-28800 [2018-13278]
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules
List of Subjects in 40 CFR Part 55
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hydrocarbons,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Nitrogen oxides, Outer
continental shelf, Ozone, Particulate
matter, Permits, Reporting and
recordkeeping requirements, Sulfur
oxides.
Dated: May 31, 2018.
Deborah Jordan,
Acting Regional Administrator, Region IX.
For the reasons set out in the
preamble, title 40 of the Code of Federal
Regulations, part 55, is proposed to be
amended as follows:
PART 55—OUTER CONTINENTAL
SHELF AIR REGULATIONS
1. The authority citation for part 55
continues to read as follows:
■
Authority: Section 328 of the Clean Air
Act (42 U.S.C. 7401, et seq.) as amended by
Public Law 101–549.
2. Section 55.14 is amended by
revising paragraph (e)(3)(ii)(F) to read as
follows:
■
§ 55.14 Requirements that apply to OCS
sources located within 25 miles of States’
seaward boundaries, by State.
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(F) Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources, May 2018.
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■ 3. Appendix A to part 55 is amended
by revising paragraph (b)(6) under the
heading ‘‘California’’ to read as follows:
Appendix A to Part 55—Listing of State
and Local Requirements Incorporated
by Reference into Part 55, by State
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California
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(6) The following requirements are
contained in Santa Barbara County Air
Pollution Control District Requirements
Applicable to OCS Sources, May 2018:
Rule 102 Definitions (Revised 08/25/16)
Rule 103 Severability (Adopted 10/23/78)
Rule 105 Applicability (Revised 08/25/16)
Rule 107 Emergencies (Adopted 04/19/01)
Rule 201 Permits Required (Revised 06/19/
08)
Rule 202 Exemptions to Rule 201 (Revised
08/25/16)
Rule 203 Transfer (Revised 04/17/97)
Rule 204 Applications (Revised 08/25/16)
Rule 205 Standards for Granting Permits
(Revised 04/17/97)
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Rule 206 Conditional Approval of
Authority to Construct or Permit to Operate
(Revised 10/15/91)
Rule 207 Denial of Application (Adopted
10/23/78)
Rule 210 Fees (Revised 03/17/05)
Rule 212 Emission Statements (Adopted 10/
20/92)
Rule 301 Circumvention (Adopted 10/23/
78)
Rule 302 Visible Emissions (Revised 6/
1981)
Rule 303 Nuisance (Adopted 10/23/78)
Rule 304 Particulate Matter-Northern Zone
(Adopted 10/23/78)
Rule 305 Particulate Matter ConcentrationSouthern Zone (Adopted 10/23/78)
Rule 306 Dust and Fumes-Northern Zone
(Adopted 10/23/78)
Rule 307 Particulate Matter Emission
Weight Rate-Southern Zone (Adopted 10/
23/78)
Rule 308 Incinerator Burning (Adopted 10/
23/78)
Rule 309 Specific Contaminants (Adopted
10/23/78)
Rule 310 Odorous Organic Sulfides
(Adopted 10/23/78)
Rule 311 Sulfur Content of Fuels (Adopted
10/23/78)
Rule 312 Open Fires (Adopted 10/02/90)
Rule 316 Storage and Transfer of Gasoline
(Revised 01/15/09)
Rule 317 Organic Solvents (Adopted 10/23/
78)
Rule 318 Vacuum Producing Devices or
Systems-Southern Zone (Adopted 10/23/
78)
Rule 321 Solvent Cleaning Operations
(Revised 06/21/12)
Rule 322 Metal Surface Coating Thinner
and Reducer (Adopted 10/23/78)
Rule 323 Architectural Coatings (Revised
11/15/01)
Rule 323.1 Architectural Coatings (Adopted
06/19/14, Effective 01/01/15)
Rule 324 Disposal and Evaporation of
Solvents (Adopted 10/23/78)
Rule 325 Crude Oil Production and
Separation (Revised 07/19/01)
Rule 326 Storage of Reactive Organic
Compound Liquids (Revised 01/18/01)
Rule 327 Organic Liquid Cargo Tank Vessel
Loading (Revised 12/16/85)
Rule 328 Continuous Emission Monitoring
(Adopted 10/23/78)
Rule 330 Surface Coating of Metal Parts and
Products (Revised 06/21/12)
Rule 331 Fugitive Emissions Inspection and
Maintenance (Revised 12/10/91)
Rule 332 Petroleum Refinery Vacuum
Producing Systems, Wastewater Separators
and Process Turnarounds (Adopted 06/11/
79)
Rule 333 Control of Emissions from
Reciprocating Internal Combustion Engines
(Adopted 06/19/08)
Rule 342 Control of Oxides of Nitrogen
(NOX) from Boilers, Steam Generators and
Process Heaters) (Revised 04/17/97)
Rule 343 Petroleum Storage Tank Degassing
(Adopted 12/14/93)
Rule 344 Petroleum Sumps, Pits, and Well
Cellars (Adopted 11/10/94)
Rule 346 Loading of Organic Liquid Cargo
Vessels (Revised 01/18/01)
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Rule 349 Polyester Resin Operations
(Revised 06/21/12)
Rule 352 Natural Gas-Fired Fan-Type
Central Furnaces and Residential Water
Heaters (Revised 10/20/11)
Rule 353 Adhesives and Sealants (Revised
06/21/12)
Rule 359 Flares and Thermal Oxidizers
(Adopted 06/28/94)
Rule 360 Boilers, Water Heaters, and
Process Heaters (0.075–2 MMBtu/hr.)
(Revised 03/15/18)
Rule 361 Small Boilers, Steam Generators,
and Process Heaters (Adopted 01/17/08)
Rule 370 Potential to Emit—Limitations for
Part 70 Sources (Revised 01/20/11)
Rule 505 Breakdown Conditions Sections
A., B.1, and D. only (Adopted 10/23/78)
Rule 603 Emergency Episode Plans
(Adopted 06/15/81)
Rule 702 General Conformity (Adopted 10/
20/94)
Rule 801 New Source Review—Definitions
and General Requirements (Revised 08/25/
16)
Rule 802 New Source Review (Revised 08/
25/16)
Rule 804 Emission Offsets (Revised 08/25/
16)
Rule 805 Air Quality Impact Analysis,
Modeling, Monitoring, and Air Quality
Increment Consumption (Revised 08/25/
16)
Rule 806 Emission Reduction Credits
(Revised 08/25/16)
Rule 808 New Source Review for Major
Sources of Hazardous Air Pollutants
(Adopted 05/20/99)
Rule 809 Federal Minor Source New Source
Review (Revised 08/25/16)
Rule 810 Federal Prevention of Significant
Deterioration (PSD) (Revised 06/20/13)
Rule 1301 Part 70 Operating Permits—
General Information (Revised 08/25/16)
Rule 1302 Part 70 Operating Permits—
Permit Application (Adopted 11/09/93)
Rule 1303 Part 70 Operating Permits—
Permits (Revised 01/18/01)
Rule 1304 Part 70 Operating Permits—
Issuance, Renewal, Modification and
Reopening (Revised 01/18/01)
Rule 1305 Part 70 Operating Permits—
Enforcement (Adopted 11/09/93)
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[FR Doc. 2018–13347 Filed 6–20–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BH72
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Electronic
Reporting for Federally Permitted
Charter Vessels and Headboats in Gulf
of Mexico Fisheries
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
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Federal Register / Vol. 83, No. 120 / Thursday, June 21, 2018 / Proposed Rules
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability (NOA);
request for comments.
The Gulf of Mexico (Gulf)
Fishery Management Council (Gulf
Council) and South Atlantic Fishery
Management Council (South Atlantic
Council) have submitted the Gulf Forhire Reporting Amendment for review,
approval, and implementation by
NMFS. The Gulf For-hire Reporting
Amendment includes amendments to
the Fishery Management Plan (FMP) for
Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP) and the Coastal
Migratory Pelagic (CMP) Resources of
the Gulf of Mexico and Atlantic Region
(CMP FMP). If approved by the
Secretary of Commerce, the Gulf Forhire Reporting Amendment would
revise reporting requirements for
owners and operators of federally
permitted charter vessels and headboats
(for-hire vessels). The Gulf For-hire
Reporting Amendment would require an
owner or operator of a for-hire vessel
with a Federal charter vessel/headboat
permit for Gulf Reef Fish or Gulf CMP
to submit an electronic fishing report for
each fishing trip using NMFS-approved
hardware and software, before
offloading fish from the vessel. The Gulf
For-hire Reporting Amendment would
also require these owners or operators to
notify NMFS prior to departing on any
trip. The purpose of the Gulf For-hire
Reporting Amendment is to increase
and improve fisheries information
collected from owners and operators of
vessels with a Federal charter vessel/
headboat permit for Gulf reef fish or
Gulf CMP species. The information is
expected to improve recreational
fisheries management of the for-hire
component in the Gulf.
DATES: Written comments on the Gulf
For-hire Reporting Amendment must be
received by August 20, 2018.
ADDRESSES: You may submit comments
on the Gulf For-hire Reporting
Amendment, identified by ‘‘NOAA–
NMFS–2018–0075,’’ by either of the
following methods:
• Electronic submission: Submit all
electronic comments via the Federal
e-Rulemaking Portal. Go to
www.regulations.gov/docket?D=NOAANMFS-2018-0075, click the ‘‘Comment
Now!’’ icon, complete the required
fields, and enter or attach your
comments.
• Mail: Submit all written comments
to Rich Malinowski, NMFS Southeast
Regional Office, 263 13th Avenue
South, St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
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individual, or received after the end of
the comment period may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in required fields if you wish to
remain anonymous).
Electronic copies of the Gulf For-hire
Reporting Amendment may be obtained
from www.regulations.gov or the
Southeast Regional Office website at
https://sero.nmfs.noaa.gov/sustainable_
fisheries/gulf_fisheries/. The
Gulf For-hire Reporting Amendment
includes an environmental assessment,
regulatory impact review, Regulatory
Flexibility Act analysis, and fishery
impact statement.
FOR FURTHER INFORMATION CONTACT: Rich
Malinowski, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: rich.malinowski@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit any fishery management plan or
amendment to NMFS for review and
approval, partial approval, or
disapproval. The Magnuson-Stevens Act
also requires that NMFS, upon receiving
an FMP or amendment, publish an
announcement in the Federal Register
notifying the public that the FMP or
amendment is available for review and
comment.
The FMPs being revised by the Gulf
For-hire Reporting Amendment were
prepared by the Gulf Council and the
South Atlantic Council, and the Gulf
For-hire Reporting Amendment, if
approved, would be implemented by
NMFS through regulations at 50 CFR
part 622 under the authority of the
Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires
that NMFS and regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the optimum yield
from federally managed fish stocks.
These mandates are intended to ensure
that fishery resources are managed for
the greatest overall benefit to the nation,
particularly with respect to providing
food production and recreational
opportunities, and protecting marine
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ecosystems. To further this goal, the
Magnuson-Stevens Act states that the
collection of reliable data is essential to
the effective conservation, management,
and scientific understanding of the
nation’s fishery resources.
In 2014, NMFS implemented
management measures contained in a
framework action to the Reef Fish FMP
and the CMP FMP (Headboat Reporting
Framework), which modified
recordkeeping and reporting provisions
for an owner or operator of a headboat
that has been issued a charter vessel/
headboat permit for Gulf reef fish or
Gulf CMP species (79 FR 6097, February
3, 2014). If selected by NMFS to
participate in the Southeast Region
Headboat Survey (SRHS), a headboat
owner or operator must submit an
electronic fishing report weekly, or at
shorter intervals if notified by the
Science and Research Director (SRD) of
NMFS’ Southeast Fisheries Science
Center (SEFSC). Currently, the selected
headboat owners or operators must
submit an electronic fishing report to
NMFS via the internet by the Sunday
following the end of each reporting
week, which runs from Monday through
Sunday; in other words, reports are due
within 7 days after a reporting week
ends. If the reports are not submitted on
time, the owner or operator of the vessel
is prohibited from harvesting or
possessing the applicable species until
any delinquent electronic fishing
reports are submitted to NMFS. The
purpose of the Headboat Reporting
Framework was to obtain more timely
fishing information from headboats to
better monitor recreational annual catch
limits (ACLs), improve stock
assessments, and improve compliance
with reporting in Gulf recreational
fisheries.
Currently, landings and discards from
federally permitted charter vessels in
the Gulf reef fish and CMP fisheries are
monitored through the survey of charter
vessels by the Marine Recreational
Information Program (MRIP). As of
January 1, 2018, fishing effort is
calculated based on a sample of
federally permitted charter vessels
through a mail survey. Catch rate
observations and catch sampling are
provided through dockside monitoring,
also conducted by MRIP. This MRIP
charter vessel information is then
available in 2-month increments known
as waves, so that there are six waves
during the calendar year, e.g., January
through February, March through April,
etc.
The Gulf For-hire Reporting
Amendment modifies the reporting
requirements for both charter vessels
and headboats. Owners or operators of
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for-hire vessels with a Federal charter
vessel/headboat permit for Gulf reef fish
or Gulf CMP species would have to
submit electronic fishing reports to
NMFS for each trip prior to offloading
fish. This would make the reporting
requirements and deadline for charter
vessels and headboats consistent.
If NMFS implements the electronic
reporting requirements described in the
Gulf For-hire Reporting Amendment,
the MRIP survey of charter vessels
would continue until the proposed
electronic reporting program described
in the amendment is certified by NMFS,
and then the electronic reporting
program could replace the MRIP survey
of charter vessels.
Accurate and reliable fisheries
information about catch, effort, and
discards is critical to stock assessment
and management evaluations. In
addition, catch from federally permitted
for-hire vessels may represent a
substantial portion of the total
recreational catch for Gulf Council
managed fish species, such as red
snapper, gray triggerfish, greater
amberjack, and mutton snapper. The
Gulf Council has determined that
electronic reporting on a per trip basis
for federally permitted for-hire vessels
could provide more timely information
than the current MRIP survey and
SRHS, and more accurate and reliable
information for many species with low
catches, low ACLs, or for species that
are only rarely encountered by fishery
participants. The Gulf Council expects
electronic reporting on a per trip basis
by owners and operators of all federally
permitted for-hire vessels to enhance
data collection efforts and contribute to
better fisheries management by
improving the accuracy of the data and
allowing for more data-rich stock
assessments.
Actions Contained in the Gulf For-Hire
Reporting Amendment
The Gulf For-hire Reporting
Amendment includes actions to
establish electronic reporting on a per
trip basis before offloading fish from
federally permitted charter vessels and
headboats in the Gulf reef fish and CMP
fisheries. The Gulf For-hire Reporting
Amendment would also require vessel
owners or operators to submit fishing
reports via NMFS-approved hardware
and software with global positioning
system (GPS) capabilities that, at a
minimum, archive vessel position data
during a trip for subsequent
transmission to NMFS. Lastly, prior to
departing for any trip, the owner or
operator of a federally permitted charter
vessel or headboat would be required to
notify NMFS and declare whether they
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are departing on a for-hire trip, or on
another trip type. If the vessel will be
operating as a charter vessel or headboat
during the specified trip, the vessel
owner or operator must also report
expected return time and landing
location.
Electronic Reporting by Federally
Permitted Charter Vessels and
Headboats
The Gulf For-hire Reporting
Amendment would require an owner or
operator of a charter vessel or headboat
with a Federal charter vessel/headboat
permit for Gulf reef fish or Gulf CMP
species, and is operating as a for-hire
vessel, to submit an electronic fishing
report for each trip before offloading
fish from the vessel. The electronic
fishing report would include any
species that were caught or harvested in
or from any area, e.g., in state or Federal
waters in the Gulf or Atlantic, as well
as information about the permit holder,
vessel, location fished, fishing effort,
discards, and socio-economic data. In
the future, other information that could
further benefit the management of
federally permitted for-hire vessels
included under the Gulf For-hire
Reporting Amendment may also be
subject to collection, as determined by
NMFS, in collaboration with other data
collection partners and in coordination
with the Gulf Council. If no fish were
retained on a trip, submission of an
electronic fishing report would be
required within 30 minutes after the trip
ends.
If the Gulf For-hire Reporting
Amendment is approved and
implemented, the owner or operator of
a federally permitted for-hire vessel that
is on a for-hire trip would be required
to submit an electronic fishing report
using hardware and software that meets
NMFS technical requirements and has
been type approved by NMFS. NMFSapproved hardware could include
electronic devices such as computers,
tablets, smartphones, and vessel
monitoring system units that allow for
internet access and are capable of
operating approved software. NMFS is
currently evaluating potential software
applications for the electronic for-hire
reporting program and is considering
the use of existing software applications
already being used by partners in the
region, including e-trips online and
e-trips mobile, which are reporting
products developed by the Atlantic
Coastal Cooperative Statistics Program.
Hardware and software that meet the
NMFS type approval would be posted
on the NMFS Southeast Region website
upon publication of any final rule to
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28799
implement revisions to the Gulf for-hire
electronic reporting program.
NMFS recently published a proposed
rule in the Federal Register to
implement electronic reporting
requirements contained in the South
Atlantic For-Hire Reporting Amendment
applicable to the for-hire component of
recreational fisheries in the Atlantic (83
FR 14400, April 4, 2018). As proposed
for the Atlantic, an owner or operator of
a for-hire vessel issued a Federal charter
vessel/headboat permit for Atlantic
CMP species, Atlantic dolphin and
wahoo, or South Atlantic snappergrouper species, and is operating as a
for-hire vessel, would have to submit an
electronic fishing report using NMFSapproved hardware and software on a
weekly basis. However, the South
Atlantic Council does not intend for a
vessel with Federal for-hire permits
from multiple jurisdictions to report to
multiple electronic reporting programs.
Therefore, an owner or operator of a forhire vessel with a Federal charter
vessel/headboat permit for an applicable
fishery in the Atlantic, who is required
to report under another Council’s
program that has more stringent
requirements, such as the proposed Gulf
For-hire Reporting Amendment, would
not also need to report under the South
Atlantic’s program.
This means that if NMFS implements
the measures in the South Atlantic Forhire Reporting Amendment before
implementing measures established
through the Gulf For-hire Reporting
Amendment, for-hire vessels issued the
applicable Federal charter vessel/
headboat permits in both the Gulf and
Atlantic would be required to comply
with the Atlantic electronic reporting
program until a Gulf electronic
reporting program is implemented, even
if the for-hire trips only occur in the
Gulf. Then, if NMFS subsequently
implements the Gulf For-hire Reporting
Amendment, fishermen on for-hire
vessels issued Gulf for-hire permits
would need to comply with the Gulf
electronic reporting program
requirements.
The Gulf For-hire Reporting
Amendment also contains provisions
addressing reporting during catastrophic
conditions, such as after a hurricane,
and delinquent reporting. During
NMFS-declared catastrophic conditions,
NMFS may accept paper reporting
forms, and can modify or waive
reporting requirements. Also, a
delinquent report would result in a
prohibition on the harvest or possession
of the applicable species by the for-hire
vessel permit holder until all required
and delinquent reports have been
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submitted and received by NMFS
according to the reporting requirements.
Location Tracking and Reporting
The Gulf For-hire Reporting
Amendment specifies that a for-hire
vessel owner or operator submit fishing
reports via NMFS-approved hardware
and software with GPS capabilities that,
at a minimum, archive vessel position
data during a trip for subsequent
transmission to NMFS. The location
information would be transmitted
electronically to NMFS. The GPS
portion of the hardware would have to
be permanently affixed to the vessel.
The purpose of this requirement is
verify whether a vessel is at the dock.
Therefore, the GPS portion must have
uninterrupted power unless the owner
or operator applies for and is granted an
exemption.
Trip Notification
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The Gulf For-hire Reporting
Amendment would require an owner or
operator of a federally permitted charter
vessel or headboat to submit a trip
notification to NMFS before departing
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for any trip. The trip notification would
include whether the vessel will be
departing on a for-hire vessel or as
another trip type, such as commercial.
If the vessel will be departing on a forhire trip, the owner or operator must
also report the expected trip completion
date, time, and landing location. The
Gulf Council determined that a trip
notification would improve effort
estimation for charter vessels and
headboats, and the ability of port agents
and law enforcement to meet a vessel at
end of a trip for biological sampling and
landings validation.
Proposed Rule for the Gulf For-Hire
Reporting Amendment
A proposed rule that would
implement the Gulf For-hire Reporting
Amendment is being drafted. In
accordance with the Magnuson-Stevens
Act, NMFS will evaluate the proposed
rule to determine whether it is
consistent with the FMPs, the
Magnuson-Stevens Act, and other
applicable laws. If that determination is
affirmative, NMFS will publish the
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proposed rule in the Federal Register
for public review and comment.
Consideration of Public Comments
The Gulf Council has submitted the
Gulf For-hire Reporting Amendment for
Secretarial review, approval, and
implementation. Comments on the Gulf
For-hire Reporting Amendment must be
received by August 20, 2018. Comments
received will be considered by NMFS in
the decision to approve, disapprove, or
partially approve the Gulf For-hire
Reporting Amendment. Comments
received after the comment period will
not be considered by NMFS in this
decision. All comments received by
NMFS on the amendment or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 15, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–13278 Filed 6–20–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 120 (Thursday, June 21, 2018)]
[Proposed Rules]
[Pages 28797-28800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-13278]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BH72
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Electronic Reporting for Federally Permitted Charter Vessels and
Headboats in Gulf of Mexico Fisheries
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
[[Page 28798]]
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability (NOA); request for comments.
-----------------------------------------------------------------------
SUMMARY: The Gulf of Mexico (Gulf) Fishery Management Council (Gulf
Council) and South Atlantic Fishery Management Council (South Atlantic
Council) have submitted the Gulf For-hire Reporting Amendment for
review, approval, and implementation by NMFS. The Gulf For-hire
Reporting Amendment includes amendments to the Fishery Management Plan
(FMP) for Reef Fish Resources of the Gulf of Mexico (Reef Fish FMP) and
the Coastal Migratory Pelagic (CMP) Resources of the Gulf of Mexico and
Atlantic Region (CMP FMP). If approved by the Secretary of Commerce,
the Gulf For-hire Reporting Amendment would revise reporting
requirements for owners and operators of federally permitted charter
vessels and headboats (for-hire vessels). The Gulf For-hire Reporting
Amendment would require an owner or operator of a for-hire vessel with
a Federal charter vessel/headboat permit for Gulf Reef Fish or Gulf CMP
to submit an electronic fishing report for each fishing trip using
NMFS-approved hardware and software, before offloading fish from the
vessel. The Gulf For-hire Reporting Amendment would also require these
owners or operators to notify NMFS prior to departing on any trip. The
purpose of the Gulf For-hire Reporting Amendment is to increase and
improve fisheries information collected from owners and operators of
vessels with a Federal charter vessel/headboat permit for Gulf reef
fish or Gulf CMP species. The information is expected to improve
recreational fisheries management of the for-hire component in the
Gulf.
DATES: Written comments on the Gulf For-hire Reporting Amendment must
be received by August 20, 2018.
ADDRESSES: You may submit comments on the Gulf For-hire Reporting
Amendment, identified by ``NOAA-NMFS-2018-0075,'' by either of the
following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/docket?D=NOAA-NMFS-2018-0075, click the ``Comment Now!'' icon, complete
the required fields, and enter or attach your comments.
Mail: Submit all written comments to Rich Malinowski, NMFS
Southeast Regional Office, 263 13th Avenue South, St. Petersburg, FL
33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of the Gulf For-hire Reporting Amendment may be
obtained from www.regulations.gov or the Southeast Regional Office
website at https://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/. The Gulf For-hire Reporting Amendment
includes an environmental assessment, regulatory impact review,
Regulatory Flexibility Act analysis, and fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Rich Malinowski, NMFS Southeast
Regional Office, telephone: 727-824-5305, or email:
[email protected].
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit any fishery management plan or
amendment to NMFS for review and approval, partial approval, or
disapproval. The Magnuson-Stevens Act also requires that NMFS, upon
receiving an FMP or amendment, publish an announcement in the Federal
Register notifying the public that the FMP or amendment is available
for review and comment.
The FMPs being revised by the Gulf For-hire Reporting Amendment
were prepared by the Gulf Council and the South Atlantic Council, and
the Gulf For-hire Reporting Amendment, if approved, would be
implemented by NMFS through regulations at 50 CFR part 622 under the
authority of the Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the optimum yield from federally managed fish stocks. These
mandates are intended to ensure that fishery resources are managed for
the greatest overall benefit to the nation, particularly with respect
to providing food production and recreational opportunities, and
protecting marine ecosystems. To further this goal, the Magnuson-
Stevens Act states that the collection of reliable data is essential to
the effective conservation, management, and scientific understanding of
the nation's fishery resources.
In 2014, NMFS implemented management measures contained in a
framework action to the Reef Fish FMP and the CMP FMP (Headboat
Reporting Framework), which modified recordkeeping and reporting
provisions for an owner or operator of a headboat that has been issued
a charter vessel/headboat permit for Gulf reef fish or Gulf CMP species
(79 FR 6097, February 3, 2014). If selected by NMFS to participate in
the Southeast Region Headboat Survey (SRHS), a headboat owner or
operator must submit an electronic fishing report weekly, or at shorter
intervals if notified by the Science and Research Director (SRD) of
NMFS' Southeast Fisheries Science Center (SEFSC). Currently, the
selected headboat owners or operators must submit an electronic fishing
report to NMFS via the internet by the Sunday following the end of each
reporting week, which runs from Monday through Sunday; in other words,
reports are due within 7 days after a reporting week ends. If the
reports are not submitted on time, the owner or operator of the vessel
is prohibited from harvesting or possessing the applicable species
until any delinquent electronic fishing reports are submitted to NMFS.
The purpose of the Headboat Reporting Framework was to obtain more
timely fishing information from headboats to better monitor
recreational annual catch limits (ACLs), improve stock assessments, and
improve compliance with reporting in Gulf recreational fisheries.
Currently, landings and discards from federally permitted charter
vessels in the Gulf reef fish and CMP fisheries are monitored through
the survey of charter vessels by the Marine Recreational Information
Program (MRIP). As of January 1, 2018, fishing effort is calculated
based on a sample of federally permitted charter vessels through a mail
survey. Catch rate observations and catch sampling are provided through
dockside monitoring, also conducted by MRIP. This MRIP charter vessel
information is then available in 2-month increments known as waves, so
that there are six waves during the calendar year, e.g., January
through February, March through April, etc.
The Gulf For-hire Reporting Amendment modifies the reporting
requirements for both charter vessels and headboats. Owners or
operators of
[[Page 28799]]
for-hire vessels with a Federal charter vessel/headboat permit for Gulf
reef fish or Gulf CMP species would have to submit electronic fishing
reports to NMFS for each trip prior to offloading fish. This would make
the reporting requirements and deadline for charter vessels and
headboats consistent.
If NMFS implements the electronic reporting requirements described
in the Gulf For-hire Reporting Amendment, the MRIP survey of charter
vessels would continue until the proposed electronic reporting program
described in the amendment is certified by NMFS, and then the
electronic reporting program could replace the MRIP survey of charter
vessels.
Accurate and reliable fisheries information about catch, effort,
and discards is critical to stock assessment and management
evaluations. In addition, catch from federally permitted for-hire
vessels may represent a substantial portion of the total recreational
catch for Gulf Council managed fish species, such as red snapper, gray
triggerfish, greater amberjack, and mutton snapper. The Gulf Council
has determined that electronic reporting on a per trip basis for
federally permitted for-hire vessels could provide more timely
information than the current MRIP survey and SRHS, and more accurate
and reliable information for many species with low catches, low ACLs,
or for species that are only rarely encountered by fishery
participants. The Gulf Council expects electronic reporting on a per
trip basis by owners and operators of all federally permitted for-hire
vessels to enhance data collection efforts and contribute to better
fisheries management by improving the accuracy of the data and allowing
for more data-rich stock assessments.
Actions Contained in the Gulf For-Hire Reporting Amendment
The Gulf For-hire Reporting Amendment includes actions to establish
electronic reporting on a per trip basis before offloading fish from
federally permitted charter vessels and headboats in the Gulf reef fish
and CMP fisheries. The Gulf For-hire Reporting Amendment would also
require vessel owners or operators to submit fishing reports via NMFS-
approved hardware and software with global positioning system (GPS)
capabilities that, at a minimum, archive vessel position data during a
trip for subsequent transmission to NMFS. Lastly, prior to departing
for any trip, the owner or operator of a federally permitted charter
vessel or headboat would be required to notify NMFS and declare whether
they are departing on a for-hire trip, or on another trip type. If the
vessel will be operating as a charter vessel or headboat during the
specified trip, the vessel owner or operator must also report expected
return time and landing location.
Electronic Reporting by Federally Permitted Charter Vessels and
Headboats
The Gulf For-hire Reporting Amendment would require an owner or
operator of a charter vessel or headboat with a Federal charter vessel/
headboat permit for Gulf reef fish or Gulf CMP species, and is
operating as a for-hire vessel, to submit an electronic fishing report
for each trip before offloading fish from the vessel. The electronic
fishing report would include any species that were caught or harvested
in or from any area, e.g., in state or Federal waters in the Gulf or
Atlantic, as well as information about the permit holder, vessel,
location fished, fishing effort, discards, and socio-economic data. In
the future, other information that could further benefit the management
of federally permitted for-hire vessels included under the Gulf For-
hire Reporting Amendment may also be subject to collection, as
determined by NMFS, in collaboration with other data collection
partners and in coordination with the Gulf Council. If no fish were
retained on a trip, submission of an electronic fishing report would be
required within 30 minutes after the trip ends.
If the Gulf For-hire Reporting Amendment is approved and
implemented, the owner or operator of a federally permitted for-hire
vessel that is on a for-hire trip would be required to submit an
electronic fishing report using hardware and software that meets NMFS
technical requirements and has been type approved by NMFS. NMFS-
approved hardware could include electronic devices such as computers,
tablets, smartphones, and vessel monitoring system units that allow for
internet access and are capable of operating approved software. NMFS is
currently evaluating potential software applications for the electronic
for-hire reporting program and is considering the use of existing
software applications already being used by partners in the region,
including e-trips online and e-trips mobile, which are reporting
products developed by the Atlantic Coastal Cooperative Statistics
Program. Hardware and software that meet the NMFS type approval would
be posted on the NMFS Southeast Region website upon publication of any
final rule to implement revisions to the Gulf for-hire electronic
reporting program.
NMFS recently published a proposed rule in the Federal Register to
implement electronic reporting requirements contained in the South
Atlantic For-Hire Reporting Amendment applicable to the for-hire
component of recreational fisheries in the Atlantic (83 FR 14400, April
4, 2018). As proposed for the Atlantic, an owner or operator of a for-
hire vessel issued a Federal charter vessel/headboat permit for
Atlantic CMP species, Atlantic dolphin and wahoo, or South Atlantic
snapper-grouper species, and is operating as a for-hire vessel, would
have to submit an electronic fishing report using NMFS-approved
hardware and software on a weekly basis. However, the South Atlantic
Council does not intend for a vessel with Federal for-hire permits from
multiple jurisdictions to report to multiple electronic reporting
programs. Therefore, an owner or operator of a for-hire vessel with a
Federal charter vessel/headboat permit for an applicable fishery in the
Atlantic, who is required to report under another Council's program
that has more stringent requirements, such as the proposed Gulf For-
hire Reporting Amendment, would not also need to report under the South
Atlantic's program.
This means that if NMFS implements the measures in the South
Atlantic For-hire Reporting Amendment before implementing measures
established through the Gulf For-hire Reporting Amendment, for-hire
vessels issued the applicable Federal charter vessel/headboat permits
in both the Gulf and Atlantic would be required to comply with the
Atlantic electronic reporting program until a Gulf electronic reporting
program is implemented, even if the for-hire trips only occur in the
Gulf. Then, if NMFS subsequently implements the Gulf For-hire Reporting
Amendment, fishermen on for-hire vessels issued Gulf for-hire permits
would need to comply with the Gulf electronic reporting program
requirements.
The Gulf For-hire Reporting Amendment also contains provisions
addressing reporting during catastrophic conditions, such as after a
hurricane, and delinquent reporting. During NMFS-declared catastrophic
conditions, NMFS may accept paper reporting forms, and can modify or
waive reporting requirements. Also, a delinquent report would result in
a prohibition on the harvest or possession of the applicable species by
the for-hire vessel permit holder until all required and delinquent
reports have been
[[Page 28800]]
submitted and received by NMFS according to the reporting requirements.
Location Tracking and Reporting
The Gulf For-hire Reporting Amendment specifies that a for-hire
vessel owner or operator submit fishing reports via NMFS-approved
hardware and software with GPS capabilities that, at a minimum, archive
vessel position data during a trip for subsequent transmission to NMFS.
The location information would be transmitted electronically to NMFS.
The GPS portion of the hardware would have to be permanently affixed to
the vessel. The purpose of this requirement is verify whether a vessel
is at the dock. Therefore, the GPS portion must have uninterrupted
power unless the owner or operator applies for and is granted an
exemption.
Trip Notification
The Gulf For-hire Reporting Amendment would require an owner or
operator of a federally permitted charter vessel or headboat to submit
a trip notification to NMFS before departing for any trip. The trip
notification would include whether the vessel will be departing on a
for-hire vessel or as another trip type, such as commercial. If the
vessel will be departing on a for-hire trip, the owner or operator must
also report the expected trip completion date, time, and landing
location. The Gulf Council determined that a trip notification would
improve effort estimation for charter vessels and headboats, and the
ability of port agents and law enforcement to meet a vessel at end of a
trip for biological sampling and landings validation.
Proposed Rule for the Gulf For-Hire Reporting Amendment
A proposed rule that would implement the Gulf For-hire Reporting
Amendment is being drafted. In accordance with the Magnuson-Stevens
Act, NMFS will evaluate the proposed rule to determine whether it is
consistent with the FMPs, the Magnuson-Stevens Act, and other
applicable laws. If that determination is affirmative, NMFS will
publish the proposed rule in the Federal Register for public review and
comment.
Consideration of Public Comments
The Gulf Council has submitted the Gulf For-hire Reporting
Amendment for Secretarial review, approval, and implementation.
Comments on the Gulf For-hire Reporting Amendment must be received by
August 20, 2018. Comments received will be considered by NMFS in the
decision to approve, disapprove, or partially approve the Gulf For-hire
Reporting Amendment. Comments received after the comment period will
not be considered by NMFS in this decision. All comments received by
NMFS on the amendment or the proposed rule during their respective
comment periods will be addressed in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: June 15, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2018-13278 Filed 6-20-18; 8:45 am]
BILLING CODE 3510-22-P
